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Does the Customs Offence affect my PR application or S Pass renewal request?

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emjacky
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Does the Customs Offence affect my PR application or S Pass renewal request?

Postby emjacky » Thu, 09 Jun 2016 6:40 pm

I’m preparing to submit the PR application, but I'm not quite sure about the following item should be selected Yes or No for my situation:
(d) Been convicted of or currently charged with a crime or offence in

i) Singapore? Yes No

ii) Any other Country? Yes No
If your answer is “Yes” to any of the above, please provide a detailed explanation on a separate sheet of paper.

I got a receipt of Summary of Customs Offence with details:
a) Offence Description : Sect 128B(1)(a)-Failure to make a declaration of dutiable goods imported into, exported from or transhipped in Singapore – an offence under Section 128B(1)(a) of the Customs Act Cap. 70, and a correspondin offence under the Goods & Services Tax Act, Cap 117A
b) Date of Offence : 02/05/2016
c) Time of Offence: 10:41
d) Place of Offence: Woodlands Passenger
e) Goods Description: (1) 1 PKT X 20’S DAVIDOFF CIGS
f) Goods Status: (1) Abandoned and Destroyed
g) Composition Sum: $ 200.00



I'm worrying if I should select Yes or No for “Been convicted of or currently charged with a crime or offence in ” in this case for PR application, and if I should select Yes or No on declaring “I have never been convicted in a court of law in any country.” for renewing my S Pass. If I need to select Yes, what kind of detailed explanation should be provided and is there any template or standard requirement of that detailed explanation?
Last edited by emjacky on Fri, 10 Jun 2016 10:36 am, edited 1 time in total.

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Re: Does the Customs Offence affect my PR application or S Pass renewal request?

Postby PNGMK » Thu, 09 Jun 2016 6:55 pm

If a composition was offered you were not convicted in a court of law.

Were you arrested? If so then you were charged.

I am not a lawyer and this is not legal advice.
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Re: Does the Customs Offence affect my PR application or S Pass renewal request?

Postby x9200 » Thu, 09 Jun 2016 7:00 pm

convict
VERB

Pronunciation: /kənˈvɪkt/
Declare (someone) to be guilty of a criminal offence by the verdict of a jury or the decision of a judge in a court of law:
her former boyfriend was convicted of assaulting her
(as adjective convicted) a convicted murderer

(Oxford Dict.)

Convicting requires a judge and a court of law. Besides, it was not a criminal offence.If you have doubts whether it should be included or not, just call ICA and ask.

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Re: Does the Customs Offence affect my PR application or S Pass renewal request?

Postby PNGMK » Thu, 09 Jun 2016 7:12 pm

Compositions are actually offered in part for this reason so that people making mistakes can pay and move on. I personally would not declare it for either "charge" or "convicted" UNLESS you had actually been physically arrested and told you are being charged. If they stopped you and said you had fags and then posted a fine that is not being arrested .....

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Re: Does the Customs Offence affect my PR application or S Pass renewal request?

Postby emjacky » Thu, 09 Jun 2016 7:33 pm

PNGMK wrote:Compositions are actually offered in part for this reason so that people making mistakes can pay and move on. I personally would not declare it for either "charge" or "convicted" UNLESS you had actually been physically arrested and told you are being charged. If they stopped you and said you had fags and then posted a fine that is not being arrested .....

IANALATINLA



They did stop me, then brought me to a small room to ask me why I was having a whole pck of cigarette which was not allowed. After I tried to explain that I wanted to throw it away into the recycle bin, it was not accepted. Then I was fined the 200$ and got that attached receipt of Summary of Customs Offence. That's all what happened on that day.

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Re: Does the Customs Offence affect my PR application or S Pass renewal request?

Postby x9200 » Thu, 09 Jun 2016 7:34 pm

"Charge" is definitely not good enough. To be charged is to be formally accused by the authorities but this doesn't mean a conviction - still can be proven in the legal process to be not guilty. Same goes IMHO with arrest/detention. One may be charged and based on this arrested but eventually escape any accusations with a clear record.

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Re: Does the Customs Offence affect my PR application or S Pass renewal request?

Postby emjacky » Thu, 09 Jun 2016 7:46 pm

x9200 wrote:"Charge" is definitely not good enough. To be charged is to be formally accused by the authorities but this doesn't mean a conviction - still can be proven in the legal process to be not guilty. Same goes IMHO with arrest/detention. One may be charged and based on this arrested but eventually escape any accusations with a clear record.

So I still can select No in this case, and my record is still clear? :???:

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Re: Does the Customs Offence affect my PR application or S Pass renewal request?

Postby x9200 » Thu, 09 Jun 2016 7:57 pm

I would select No if it was me, but again, you have doubt, call ICA, your risk nothing calling them and asking.

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Re: Does the Customs Offence affect my PR application or S Pass renewal request?

Postby ecureilx » Thu, 09 Jun 2016 10:04 pm

emjacky wrote:
x9200 wrote:"Charge" is definitely not good enough. To be charged is to be formally accused by the authorities but this doesn't mean a conviction - still can be proven in the legal process to be not guilty. Same goes IMHO with arrest/detention. One may be charged and based on this arrested but eventually escape any accusations with a clear record.

So I still can select No in this case, and my record is still clear? :???:


Err, of late, the ICA officers quitely tell you declare everything, like parking fines, jaywalking fines, and .. so and so.

I may print the info in a sheet and bring it, and in front of the officer ask and attach or not.

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Re: Does the Customs Offence affect my PR application or S Pass renewal request?

Postby PNGMK » Thu, 09 Jun 2016 11:09 pm

I would not declare it. IF you were not dragged to court and convicted then it's a fine. Nothing else. HOWEVER I would not say this for a DUI offence....
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Re: Does the Customs Offence affect my PR application or S Pass renewal request?

Postby x9200 » Fri, 10 Jun 2016 6:35 am

DUI in Singapore is a criminal offence.

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Re: Does the Customs Offence affect my PR application or S Pass renewal request?

Postby PNGMK » Fri, 10 Jun 2016 8:15 am

Exactly.... and they never offer composition.
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Re: Does the Customs Offence affect my PR application or S Pass renewal request?

Postby emjacky » Fri, 10 Jun 2016 10:23 am

I attempt to call ICA Call Centre to confirm, at Tel: 6391 6100, but seems it's always engaged.
Am I dialing the correct number?

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Re: RE: Re: Does the Customs Offence affect my PR application or S Pass renewal request?

Postby emjacky » Fri, 10 Jun 2016 12:06 pm

x9200 wrote:I would select No if it was me, but again, you have doubt, call ICA, your risk nothing calling them and asking.

Just called the ICA CALL CENTER, they advised to select Yes and provide an explanation letter...

Sent from my LG-H860 using Tapatalk

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Re: Does the Customs Offence affect my PR application or S Pass renewal request?

Postby sundaymorningstaple » Fri, 10 Jun 2016 1:41 pm

That's usually the best case anytime there is a question like that. It's better than answering no and having them later find out it should have been a yes.


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